,,ii #aaeth ,,congress #ast ,session ,s4 #ife ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bg1 #bjag,mr4 ,blumenthal 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve passenger vessel security and safety1 and for other purposes4 #a4 ,short title2 references 7a7 ,short title ,this ,act may be cited as the ,cruise ,passenger ,protection ,act4 7b7 ,references to title #df1 ,united ,states ,code ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of title #df1 ,united ,states ,code4 #b4 ,cruise vessel subchapter ,chapter #ce is amended-- 7#a7 by inserting before section #ceja the following3 ,i ,general provisions 2 7#b7 by inserting before section #cejg the following3 ,,ii ,cruise vessels 2 and 7#c7 by redesignating sections #cejg and #cejh as sections #cebc and #cebd1 respectively4 #c4 ,application ,chapter #ce1 as amended by section #b of this ,act1 is further amended by inserting before section #cebc the following3 #ceba4 ,application 7a7 ,in general ,this subchapter applies to a passenger vessel that-- 7#a7 is authorized to carry at least #bej passengers2 7#b7 has on board sleeping facilities for each passenger2 7#c7 is on a voyage that embarks or disembarks passengers in the ,united ,states2 and 7#d7 is not engaged on a coastwise voyage4 7b7 ,federal and ,state vessels ,this subchapter does not apply to a vessel of the ,united ,states operated by the ,federal ,government or a vessel owned and operated by a ,state4 4 #d4 ,definitions ,chapter #ce1 as amended by sections #b and #c of this ,act1 is further amended by inserting after section #ceba the following3 #cebb4 ,definitions ,in this subchapter1 the following definitions apply3 7#a7 ,commandant ,the term ,commandant means the ,commandant of the ,coast ,guard4 7#b7 ,owner ,the term owner means the owner1 charterer1 managing operator1 master1 or other individual in charge of a vessel4 4 #e4 ,bill of rights ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights1 that was adopted by the members of the ,cruise ,lines ,international ,association1 are enforceable under ,federal law4 #f4 ,crime reporting and public notice 7a7 ,availability of log book and entries to ,,fbi and other investigators ,section #cebc7;g77#a71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 in subparagraph 7,a71 by striking in a centralized location readily accessible to law enforcement personnel12 and 7#b7 in subparagraph 7,b71 by striking make such log book available and inserting make the log book and all entries therein available1 whether the log book and entries are maintained on board the vessel or at a centralized location off the vessel14 7b7 ,deadline ,to notify ,federal ,bureau of ,investigation regarding certain incidents ,section #cebc7;g77#c77;,a77i71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 by striking shall contact and inserting subject to subparagraph 7,c71 shall contact2 and 7#b7 by striking after the occurrence on board the vessel of an incident involving and inserting 1 but not later than #d hours1 after an employee of the vessel is notified of an incident on board the vessel allegedly involving4 7c7 ,reports before departure ,section #cebc7;g77#c71 as redesignated under section #b of this ,act1 is further amended by adding at the end the following3 7,c7 ,reports before departure ,if an employee of a vessel to which this subchapter applies is notified of an incident described under subparagraph 7,a77i7 while the vessel is within the admiralty and maritime jurisdiction of the ,united ,states and en route to a ,united ,states port or at a ,united ,states port1 the owner of the vessel 7or the owner's designee7 shall contact the nearest ,federal ,bureau of ,investigation ,field ,office or ,legal ,attach within the time period specified under subparagraph 7,a77i7 or before the vessel departs port1 whichever is earlier4 4 7d7 ,reports to ,united ,states consulates ,section #cebc7;g77#c71 as redesignated under section #b of this ,act and as amended by subsection 7c7 of this section1 is further amended by adding at the end the following3 7,d7 ,reports to ,united ,states consulates ,if an incident described under subparagraph 7,a77i7 allegedly involves an offense by or against a ,united ,states national1 in addition to contacting the nearest ,federal ,bureau of ,investigation ,field ,office or ,legal ,attach under that subparagraph1 the owner of a vessel to which this subchapter applies 7or the owner's designee7 shall contact the ,united ,states consulate at the next port of call within the time period specified under subparagraph 7,a77i74 4 7e7 ,availability of security guide via ,internet ,section #cebc7;c77#a71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking a guide 7referred to in this subsection as the security guide7 and inserting a security guide2 and 7,b7 by striking ,english1 which and inserting ,english1 that2 and 7#b7 in subparagraph 7,c71 by striking on the website of the vessel owner and inserting via a prominently accessible link on each ,internet website that the vessel owner maintains for passengers to purchase or book trips on any vessel that the vessel owner owns or operates1 and to which this subchapter applies4 #g4 ,crime prevention1 documentation1 and response requirements 7a7 ,maintenance and placement of video surveillance equipment ,section #cebc7;b77#a71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 by striking ,the owner and inserting the following3 7,a7 ,in general ,the owner 2 7#b7 by striking 1 as determined by the ,secretary2 and 7#c7 by adding at the end1 the following3 7,b7 ,placement of video surveillance equipment ,with regard to the placement of video surveillance equipment on a vessel under subparagraph 7,a71 the owner shall-- 7i7 place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy2 7ii7 place video surveillance equipment in other areas where a person has no reasonable expectation of privacy2 and 7iii7 place video surveillance equipment in each area identified under clause 7i7 or 7ii7 in a manner that provides optimum surveillance of that area4 4 7b7 ,access to video records ,section #cebc7;b71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#b7 in paragraph 7#c71 as redesignated-- 7,a7 by striking ,the owner and inserting the following3 7,a7 ,law enforcement ,the owner 2 and 7,b7 by adding at the end1 the following3 7,b7 ,civil actions ,the owner of a vessel to which this subchapter applies shall provide to any individual or the individual's legal representative1 upon written request1 a copy of all records of video surveillance-- 7i7 in which the individual is a subject of the video surveillance2 and 7ii7 that may provide evidence in a civil action4 7,c7 ,limited access ,except as provided under subparagraphs 7,a7 and 7,b71 the owner of a vessel to which this subchapter applies shall ensure that access to records of video surveillance is limited to the purposes described under this section4 4 7c7 ,notice of video surveillance ,section #cebc7;b71 as redesignated under section #b of this ,act and as amended by subsection 7b7 of this section1 is further amended by inserting before paragraph 7#c71 the following3 7#b7 ,notice of video surveillance ,the owner of a vessel to which this subchapter applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment4 4 7d7 ,retention requirements ,section #cebc7;b71 as redesignated under section #b of this ,act and as amended by subsections 7b7 and 7c7 of this section1 is further amended by adding at the end1 the following3 7#d7 ,retention requirements 7,a7 ,in general ,the owner of a vessel to which this subchapter applies shall retain all records of video surveillance for a voyage for not less than #cj days after the completion of the voyage4 ,if an incident described in subsection 7g77#c77;,a77i7 is alleged and reported to law enforcement1 all records of video surveillance from the voyage that the ,federal ,bureau of ,investigation determines are relevant shall-- 7i7 be provided to the ,federal ,bureau of ,investigation2 and 7ii7 be preserved by the vessel owner for not less than #e years from the date of the alleged incident4 7,b7 ,interim standards ,not later than #ahj days after the date of enactment of the ,cruise ,passenger ,protection ,act1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate interim standards for the retention of records of video surveillance4 7,c7 ,final standards ,not later than #a year after the date of enactment of the ,cruise ,passenger ,protection ,act1 the ,commandant1 in consultation with the ,federal ,bureau of ,investigation1 shall promulgate final standards for the retention of records of video surveillance4 7,d7 ,considerations ,in promulgating standards under subparagraphs 7,b7 and 7,c71 the ,commandant shall-- 7i7 consider factors that would aid in the investigation of serious crimes1 including crimes that go unreported until after the completion of a voyage2 7ii7 consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built2 7iii7 consider privacy1 including standards for permissible access to and monitoring and use of the records of video surveillance2 and 7iv7 consider technological advancements1 including requirements to update technology4 4 7e7 ,availability of incident data via internet ,section #cebc7;g77#d77;,a77ii71 as redesignated under section #b of this ,act1 is further amended-- 7#a7 by redesignating subclauses 7,v7 and 7,,vi7 as subclauses 7,,vi7 and 7,,vii71 respectively2 and 7#b7 by inserting after subclause 7,,iv7 the following3 7,v7 identify whether each crime or alleged crime identified under subclause 7,,iv7 was committed or allegedly committed against a minor2 4 7f7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of the department in which the ,coast ,guard is operating1 the ,attorney ,general1 and the heads of other relevant ,federal agencies1 shall conduct a study to determine the feasibility of having an individual on board each passenger vessel to which subchapter ,,ii of chapter #ce of title #df1 ,united ,states ,code1 applies to provide victim support services and related safety and security services1 and shall report the findings of such study to ,congress4 ,the study shall include consideration of costs1 benefits to passengers1 jurisdiction1 and logistics4 7g7 ,criminal activity prevention and response guide ,section #cebc7;c77#a71 as redesignated by section #b of this ,act and as amended by section #f7;e7 of this ,act1 is further amended by amending subparagraph 7,b7 to read as follows3 7,b7 provide a copy of the security guide to-- 7i7 the ,secretary of ,transportation for review2 7ii7 the ,federal ,bureau of ,investigation for comment2 and 7iii7 a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described under subsection 7g77#c77;,a77i72 and 4 7h7 ,maintenance of supplies ,to prevent sexually transmitted diseases ,section #cebc7;d77#a71 as redesignated by section #b of this ,act1 is further amended by inserting 7taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate7 after a sexual assault4 7i7 ,crime scene preservation training2 certification of organizations by ,,marad ,section #cebd7;a71 as redesignated by section #b of this ,act1 is further amended by striking may certify and inserting shall certify4 7j7 ,crew access to passenger staterooms2 procedures and restrictions ,section #cebc7;f71 as redesignated by section #b of this ,act1 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking and at the end of subparagraph 7,a72 and 7,b7 by adding at the end the following3 7,c7 a system that electronically records the date1 time1 and identity of each crewmember accessing each passenger stateroom2 and 2 and 7#b7 in paragraph 7#b71 by striking are fully and properly implemented and periodically reviewed4 and inserting are fully and properly implemented1 reviewed annually1 and updated as necessary44 7k7 ,technology for detecting passengers who have fallen overboard required ,section #cebc7;a77#a77;,d71 as redesignated by section #b of this ,act1 is further amended by striking or and inserting and4 #h4 ,passenger vessel security and safety requirements 7a7 ,vessel design1 equipment1 construction1 and retrofitting requirements ,section #cebc7;a71 as redesignated by section #b of this ,act1 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking to which this subsection applies and inserting to which this subchapter applies2 7,b7 in subparagraph 7,a7-- 7i7 by striking ,the vessel and inserting ,each exterior deck of a vessel2 and 7ii7 by striking the period at the end and inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the ,commandant42 and 7,c7 in subparagraph 7,b71 by striking entry doors that include peep holes or other means of visual identification4 and inserting an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin and1 for purposes of this subparagraph1 the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction42 and 7#b7 by adding at the end the following3 7#d7 ,waivers2 record of waivers ,the ,secretary-- 7,a7 may waive a requirement under paragraph 7#a7 as the ,secretary determines necessary2 7,b7 shall maintain a record of each waiver made under subparagraph 7,a72 and 7,c7 shall include in such record the justification for the waiver4 4 7b7 ,medical standards 7#a7 ,in general ,section #cebc1 as redesignated by section #b of this ,act1 is further amended-- 7,a7 by striking subsections 7k7 and 7l72 and 7,b7 by inserting after subsection 7j7 the following3 7k7 ,medical standards 7#a7 ,in general ,the owner of a vessel to which this subchapter applies shall ensure that-- 7,a7 a physician is always present and available to treat any passengers who may be on board the vessel in the event of an emergency situation2 7,b7 there is a sufficient number of qualified medical staff on board the vessel to treat the number of passengers who may be on board the vessel1 as determined by the ,secretary by regulation2 7,c7 if a ,united ,states citizen dies on board the vessel and the citizen's next of kin requests that the citizen's body return to the ,united ,states on board the vessel1 such request is granted2 7,d7 every crewmember on board the vessel has received basic life support training and is certified in cardiopulmonary resuscitation2 7,e7 automated external defibrillators are-- 7i7 placed throughout the vessel in clearly designated locations2 and 7ii7 available for passenger access in the event of an emergency2 and 7,f7 the initial safety briefing given to the passengers on board the vessel includes-- 7i7 the location of the vessel's medical facilities2 7ii7 the appropriate steps passengers should follow during a medical emergency2 7iii7 the location and proper use of automated external defibrillators2 and 7iv7 the proper way to report an incident or to seek security assistance in the event of a medical emergency4 7#b7 ,physician defined ,in this subsection the term physician means a medical doctor who-- 7,a7 has at least #c years of post-graduate1 post-registration experience in general and emergency medicine2 or 7,b7 is board certified in emergency medicine1 family medicine1 or internal medicine4 4 7#b7 ,application ,the amendment made by paragraph 7#a77;,b7 shall apply on and after the date that is #ahj days after the date of the enactment of this ,act4 7c7 ,definition of exterior deck ,section #cebc1 as redesignated by section #b of this ,act and as amended by subsection 7b7 of this section1 is further amended by inserting after subsection 7k7 the following3 7l7 ,definition of exterior deck ,in this section1 the term exterior deck means any exterior weather deck on which a passenger may be present1 including passenger stateroom balconies1 exterior promenades on passenger decks1 muster stations1 and similar exterior weather deck areas4 4 #i4 ,enforcement 7a7 ,information sharing 7#a7 ,in general ,to the extent not prohibited by other law1 the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of subchapter ,,ii of chapter #ce of title #df1 ,united ,states ,code4 ,the provision by the head of a designated agency of any information under this subsection to another head of a designated agency shall not constitute a waiver1 or otherwise affect1 any privilege any agency or person may claim with respect to that information under ,federal or ,state law4 7#b7 ,definition of head of a designated agency ,in this subsection1 the term head of a designated agency means the ,secretary of ,transportation1 the ,secretary of ,homeland ,security1 or the ,attorney ,general4 7b7 ,passenger vessel security and safety requirements2 denial of entry ,section #cebc7;h71 as redesignated by section #b of this ,act1 is further amended-- 7#a7 by striking paragraph 7#b72 7#b7 in the subsection heading1 by striking ,enforcement and inserting ,penalties2 and 7#c7 in paragraph 7#a7-- 7,a7 by striking 7#a7 ,penalties4-- and all that follows through 7,a7 ,civil penalty4-- and inserting 7#a7 ,civil penalty4--2 and 7,b7 by redesignating subparagraph 7,b7 as paragraph 7#b71 and adjusting the margin appropriately4 7c7 ,denial of entry ,section #cebd7;f71 as redesignated by section #b of this ,act1 is repealed4 7d7 ,enforcement ,chapter #ce1 as amended by this ,act1 is further amended by adding at the end the following3 #cebe4 ,refusal of clearance2 denial of entry 7a7 ,clearance ,the ,secretary of ,homeland ,security may withhold or revoke the clearance required under section #fjaje of any vessel of the owner of a vessel to which this subchapter applies1 wherever the vessel is found1 if the owner of the vessel-- 7#a7 commits an act or omission for which a penalty may be imposed under this subchapter2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter4 7b7 ,denial of entry ,the ,secretary of the department in which the ,coast ,guard is operating may deny entry into the ,united ,states to a vessel to which this subchapter applies if the owner of the vessel-- 7#a7 commits an act or omission for which a penalty may be imposed under this subchapter2 or 7#b7 fails to pay a penalty imposed on the owner under this subchapter4 4 #aj4 ,technical and conforming amendments 7a7 ,application 7#a7 ,section #cebc1 as redesignated by section #b of this ,act and as otherwise amended by this ,act1 is further amended by striking to which this section applies each place it appears and inserting to which this subchapter applies4 7#b7 ,section #cebd1 as redesignated by section #b of this ,act and as otherwise amended by this ,act1 is further amended by striking to which this section applies each place it appears and inserting to which this subchapter applies4 7b7 ,elapsed effective dates ,section #cebc7;a71 as redesignated by section #b of this ,act and as otherwise amended by this ,act1 is further amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#c74 7c7 ,procedures ,section #cebc7;i71 as redesignated by section #b of this ,act1 is further amended by striking ,within #f months after the date of enactment of the ,cruise ,vessel ,security and ,safety ,act of #bjaj1 the and inserting ,the4 7d7 ,table of contents ,the table of sections for chapter #ce is amended-- 7#a7 by inserting before the item relating to section #ceja the following3 ,subchapter ,i--,general provisions 2 7#b7 by striking the item relating to section #cejg and inserting the following3 #cebc4 ,passenger vessel security and safety requirements4 2 7#c7 by striking the item relating to section #cejh and inserting the following3 #cebd4 ,crime scene preservation training for passenger vessel crewmembers4 2 7#d7 by inserting after the item relating to section #cejf the following3 ,subchapter ,,ii--,cruise vessels 2 7#e7 by inserting before the item relating to section #cebc1 the following3 #ceba4 ,application4#cebb4 ,definitions4 2 and 7#f7 by adding at the end the following3 #cebe4 ,refusal of clearance2 denial of entry4 4 #aa4 ,limitations in certain cases 7a7 ,in general ,section #cjcjg is amended-- 7#a7 in the section heading1 by striking ,commercial aviation accidents and inserting ,limitations in certain cases2 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,cruise ship ,the term cruise ship means a passenger vessel1 other than a vessel of the ,united ,states operated by the ,federal ,government or a vessel owned and operated by a ,state1 that-- 7,a7 is authorized to carry at least #bej passengers2 7,b7 has onboard sleeping facilities for each passenger2 7,c7 is on a voyage that embarks or disembarks passengers in the ,united ,states2 and 7,d7 is not engaged on a coastwise voyage4 7#b7 ,nonpecuniary damages ,the term nonpecuniary damages means damages for loss of care1 comfort1 and companionship4 2 7#c7 in subsection 7b71 by inserting or cruise ship after commercial aviation2 and 7#d7 in subsection 7c71 by inserting or cruise ship after commercial aviation4 7b7 ,clerical amendment ,the table of sections for chapter #cjc is amended by striking the item relating to section #cjcjg and inserting the following3 #cjcjg4 ,limitations in certain cases4 4